HomeMy Public PortalAboutWQRC Packet 2-24-23Town of Brewster Water Quality Review Committee
2198 Main St., Brewster, MA 02631
wqrcmeeting@brewster-ma.gov
(508) 896-3701
MEETING AGENDA
Remote Participation Only
February 24, 2023 at 9 a.m.
Pursuant to Chapter 107 of the Acts of 2022, this meeting will be conducted in person and via remote means, in
accordance with applicable law. This means that members of the public body may access this meeting in person, or via
virtual means. In person attendance will be at the meeting location listed above, and it is possible that any or all members
of the public body may attend remotely. No in-person attendance of members of the public will be permitted, and public
participation in any public hearing conducted during this meeting shall be by remote means only.
The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-
ma.gov), or Video recording (tv.brewster-ma.gov).
Meetings may be joined by:
1.Phone: Call (929) 436-2866 or (301) 715-8592. Webinar ID: 869 1743 3374 Passcode: 443208
To request to speak: Press *9 and wait to be recognized.
2.Zoom Webinar: https://us02web.zoom.us/j/86917433374?pwd=WFNNWktuKzROempqU1FjWDNlazhXUT09
Passcode: 443208
To request to speak: Tap Zoom “Raise Hand”, then wait to be recognized
Water Quality
Review
Committee
Cynthia Baran
Chair
Amy von Hone
Vice Chair
Ned Chatelain
Kimberley Crocker
Pearson
Robert Michaels
Chris Miller
Davis Walters
CPC Assistant
Beth Devine
1.Call to Order
2.Declaration of a Quorum
3.Meeting Participation Statement
4.Continued Discussion and Possible Vote on 989 Freemans Way – Solar Array and
Landfill Closure, John Tadema-Wielandt of Natural Systems Utilities
5.Continued Discussion and Possible Vote on 3 Year Certificate Renewal for Dream Day
on Cape Cod
6.Matters not reasonably anticipated by the Chair
7.Next Meeting: TBD
8.Adjournment
Date Posted:Date Revised:Received by Town Clerk:
2/21/23
BENNETT ENVIRONMENTAL ASSOCIATES, LLC.
A NATURAL SYSTEMS UTILITIES COMPANY
LICENSED SITE PROFESSIONALS • ENVIRONMENTAL SCIENTISTS • GEOLOGISTS 6 ENGINEERS
1573 Main Street, Brewster, MA 02631 6 508-896-1706 ♦ Fax 508-896-5109 6 www.bennett-ea.com
K11273
February 21, 2023
Brewster Water Quality Review Committee
c/o Amy von Hone, Director Brewster Health Department
2198 Main Street
Brewster, MA 02631
RE: LANDFILL CLOSURE AND SOLAR INITIATIVE STATUS UPDATE
Administrative Consent Order #ACO-SE-10-4009
989 Freeman's Way [Assessor's Map 119, Parcels 6 and 8] — Brewster, MA
Dear Ms. von Hone,
Thank you for communicating the Brewster Water Quality Review Committee's
(BWQRC) concerns regarding the recent discovery of tailings and mixed woodwaste at the
former Daniels and Antinarelli Stump Dump. As you know, these materials were discovered
during woodwaste recovery efforts by the new owner, NextGrid Patriots, LLC, towards landfill
closure and re -use through the MassDEP Bureau of Waste Prevention (BWP) — Solid Waste
Management permitting process. This work has been previously documented and
communicated under local jurisdictional approvals to the BWQRC through the Brewster Health
Department, Brewster Planning Board and Zoning Board of Appeals and through the BWP SW -
37 Post -Closure Use permit approval.
Upon discovery of the tailings and additional mixed woodwaste in October 2022,
Bennett Environmental Associates, LLC (BEA) contacted and met MassDEP personnel on -site to
discuss how to manage and/or dispose of the material. During the meeting, test pits were
conducted and a distinct area of existing tailings (consisting of mostly loam and rocks) was
distinguished as overlying clean fill. Additional test pits identified an area of additional mixed
woodwaste, which included pieces of concrete and minor amounts of construction and
demolition (C&D) materials. MassDEP confirmed that, in order to meet the permitting
requirements for landfill closure, the mixed woodwaste would require further processing to
remove and segregate the woodwaste, concrete, and C&D into separate waste streams for
appropriate off -site management. In consideration of the economic viability of the project, the
Department noted that once segregated, the materials would not be considered solid waste
and could be re -used on -site. In review of disposal options, the tailings were sampled for
laboratory testing, and the results reported no significant impact, with all parameters reported
below the RCS -1 Reportable Concentrations and the S-1/GW-1 Method 1 Risk Characterization
Standards, pursuant to the regulations governing oil and hazardous materials [the
Massachusetts Contingency Plan (MCP)]. As such, BEA proposed that the existing tailings, and
any additional tailings generated through processing the mixed woodwaste, be re -used on -site.
EMERGENCY SPILL RESPONSE 6 WASTE SITE CLEANUP 6 SITE ASSESSMENT 6 PERMITTING 6 SEPTIC DESIGN & INSPECTION
DESIGN BUILD 6 OPERATION & MAINTENANCE 6 WATER SUPPLY DEVELOPMENT 6 WASTEWATER TREATMENT 6 FIELD SERVICES
FEBRUARY 21, 2023 NEXTGRID/K11273
PAGE 2 OF 3 989 FREEMAN'S WAY - BREWSTER/ACO-SE-10-4009
The existing tailings would be used to construct a vegetated berm at the front of the property
and any additional tailings generated would be used as fill material in the final grading during
construction of the photovoltaic facility. This concept was presented to the MassDEP in
correspondence dated December 16, 2022, including a revised Site Plan showing the proposed
locations of the vegetated berm and fill. MassDEP personnel later responded and indicated that
the proposed changes would not require any additional permitting beyond the BWP SW -37
Post -Closure Use permit previously approved, and that the materials re -used at the site should
be documented in a Deed Note recorded at the Registry of Deeds. The Department further
stated that the Deed Note should include a description of the material re -used at the site, as
well as survey plan documenting the location of the material, in order to avoid incompatible
uses. This information would then be included in the BRP SW -43 Landfill Closure Completion
permit application for final approvals.
As part of the approvals within the BWP SW -37 Post -Closure Use Permit, regular soil and
groundwater testing was specified, as outlined in Section ll(A) of the BWP SW -37 Permit Report
Narrative, dated September 17, 2020. Currently, NextGrid is conducting annual groundwater
monitoring at the four (4) existing on -site monitoring wells. The testing parameters include
standard water -quality parameters, as well as total metals, volatile organic compounds (VOCs),
and polycyclic aromatic hydrocarbons (PAHs), consistent with prior testing and the
requirements set forth in Policy BWP-98-006 entitled "Woodwaste Reclamation Facilities Siting
and Permitting", Appendix A.
The most recent groundwater sampling results, received January 22, 2022, reported all
parameters below the Massachusetts Maximum Contaminant Levels (MMCL) drinking water
standards, as well as the RCGW-1 Reportable Concentrations and the GW-1 Method 1 Risk
Characterization Standards, under the MCP. Concentrations of manganese, sodium, and iron
were reported above the Secondary Maximum Contaminant Levels (SMCL) in both upgradient
and downgradient wells, consistent with previous results. The SMCL standards are not health -
based standards but were established to preserve the aesthetic qualities (i.e., odor and taste)
of drinking water. These results indicate no significant groundwater impairment.
Soil testing is also prescribed under the approved SW -37 permit. After the mixed
woodwaste has been recovered, samples of the native underlying material are collected at a
density of not less than five (5) per 40.000 square feet for field inspection and field screening
with a photoionization detector (PID) to measure organic vapors. Based on the field screening
results, the samples are then submitted as discreet or a composite as appropriate, for
laboratory analysis including VOCs, metals, and extractable petroleum hydrocarbons (EPH) and
PAHs analyses.
To date two composite soil samples have been submitted for laboratory analyses. The
samples were collected in March 2020 and October 2022. In both cases, the results reported all
concentrations of VOCs, metals, and petroleum as non -detect or below the RCS -1 Reportable
FEBRUARY 21, 2023 NEXTGRID/K11273
PAGE 3 OF 3 989 FREEMAN'S WAY - BREWSTER/ACO-SE-10-4009
Concentrations for Soil and the S-1/GW-1 Method 1 Risk Characterization Standards, under the
MCP.
Groundwater monitoring, and soil testing will continue over the course of the project
and the results will be incorporated into the BWP SW -43 Landfill Closure Completion permit. If
subsequent laboratory analytical results report concentrations of oil or hazardous materials in
soil or groundwater exceeding the applicable Reportable Concentrations, additional sampling
would be performed to confirm the result and the appropriate steps taken for Release
Notification, pursuant to the MCP. NextGrid is committed to voluntarily continue the annual
groundwater monitoring program at the four existing groundwater monitoring wells
subsequent to submitting the BWP SW -43 Landfill Closure Completion permit application. After
the Landfill Closure Completion permit has been approved by the MassDEP, compliance
jurisdiction will fall to the BWQRC, and any changes to the existing environmental monitoring
program can be requested, should the Committee deem them warranted or necessary.
Based on our meeting on February 10, 2023, it is our understanding that no
Modification of the previous Planning Board Decision is required, and that woodwaste removal
towards landfill closure can proceed as proposed. We will continue to update the BWQRC on
work progress and will copy the Brewster Board of Health and Planning Departments on all
permit applications and correspondence with MassDEP towards the stated Landfill Closure
Completion and re -use as a photovoltaic facility. Please contact me in the interim with any
questions or need for additional information.
Sincerely,
BE
NTAL ASSOCIATES, LLC
Joh ndt
Manager of Environmental Services
Cc.
Jon Idman, Brewster Town Planner
Peter Lombardi, Brewster Town Administrator
Mark Dakers, Section Chief MassDEP BRP/Solid Waste
Dan Serber, Director of Land Development — Next Grid Patriots, LLC/Next Grid, Inc.
SAMPLE
*** Electronic Recording *'t*
Doc#: 00042647
Bk: 54781 Pg: 151 Page: 1 of 4
Recorded: 04/14/2021 08:55 AM
Clean Concrete and Stump Disposal Area ATTEST: John R. Buckley, Jr. Register
Record Notice of Landfill Operations, Plymouth County Registry of Deeds
M.G.L. c. 111. Section 150A, 310 CMR 19.141
This document including the plan attached separately, meets the requirements of
310 CMR 19.141— Record Notice of Landfill Operations.
Bare Cove Investors LLC, a Delaware Limited Liability Corporation ("Current Owner"),
having an address at c/o Alliance Realty Partners, LLC, 184 High Street, Suite 401, Boston,
Massachusetts 02110 is the record owner of a parcel of land located at 230 Beal Street, Hingham,
Massachusetts being the parcel shown in Attachment A. The Plan for the property is recorded
with the Plymouth County Registry of Deeds on Page 64 of Book No. 62 and as described in the
deed recorded with the Plymouth County Registry of Deeds in Book 49530, Page 111 (the
"Property"). Legal metes and bounds descriptions of the Property parcels is provided on the
above referenced deed and plans which are recorded at the Plymouth County Registry of Deeds.
Prior to the Current Owner's acquisition of the Property, a portion of the Property (known
as the "Disposal Area") was historically utilized, with authorization from the predecessor to the
Massachusetts Department of Environmental Protection ("MassDEP"), for the disposal of clean
concrete and tree stumps associated with demolition of former on -site buildings.
MassDEP issued a Post -Closure Use (Major) permit to the Current Owner, dated May 15,
2018 (the "Post -Closure Use Permit"), in which MassDEP approved surface parking and
associated landscaping on a portion of the Disposal Area. Following construction, MassDEP
issued a Final Closure Certification Approval Permit to the Current Owner dated January 12,
2021 (the "Final Closure Permit") in which MassDEP concurred that the construction was in
accordance with the Post -Closure Use Permit and placed on -going conditions for the use and
maintenance of the Disposal Area.
In accordance with the Solid Waste Management Regulations (310 CMR 19.000, the
"Regulations") promulgated by the Massachusetts Department of Environmental Protection
("MassDEP"), construction of a final cover over the Disposal Area was completed in accordance
with plans approved by MassDEP on August 25, 1998. The final cover consists of a flexible
membrane liner covered by a layer of topsoil and other soils with a minimum thickness of 2.8
feet. The extent of the final cover is depicted on the plan provided in Attachment A. The final
cover has been modified to be asphalt pavement over the soils over a portion of the capped area
as approved by MassDEP in the Final Closure Permit.
The plan provided in Attachment A shows the landfill gas monitoring wells on and
around the Disposal Area. MassDEP did not require any groundwater monitoring wells or
lcachate collection devices at the Property.
Post -closure maintenance and monitoring requirements for the Property include, but are
not limited to, the following:
(i) Periodic landfill gas monitoring and reporting in accordance with MassDEP's
Final Closure Permit for post -closure environmental monitoring. The Current
Owner or any successor -in -title shall continue to conduct landfill gas monitoring
quarterly for one year during the first year after completion of the Post -Closure
Bk:54781 Pg:152
Disposal Area
Record Notice of Landfill Operations,
M.G.L. c. 111. Section 150A, 310 CMR 19.141
Use construction. As of the date of this instrument, three of four quarters of
quarterly monitoring have been conducted and the fourth is expected to be
conducted in May 2021. The environmental monitoring shall continue annually
for the next two years, that is in 2022 and 2023. If landfill gas is not detected at
the end of this two year period, the Current Owner or any successor -in -title may
cease monitoring by notifying MassDEP and presenting an assessment of the
monitoring results.
(ii) Conduct landfill inspections and reporting by a third -party inspector registered
with MassDEP, in accordance with the Regulations. Landfill inspections shall be
performed at least once every two calendar years, with at least six months
between consecutive inspections, for a period of ten years from the date of the
first Inspection. At the end of the ten year period, the Current Owner or any
successor -in -title shall submit a notification in writing to MassDEP of the
completion of landfill inspections.
(iii) Maintenance of the landfill cap and appurtenances in accordance with the
Regulations.
The Current Owner or any successor -in -title is required to maintain financial assurance
mechanism in the amount of $35,500.00 for the Disposal Area, as approved by MassDEP. The
Current Owner or any successor -in -title shall revise the cost estimate and mechanisms as
required under Section 310 CMR 19.051 of the Regulations.
The Disposal Area described herein is subject to the provisions of M.G.L. c. 111, section
150A and 310 CMR 19.000. The Disposal Area shall not be used for any purpose other than as a
landfill or as set forth in the Post -Closure Use Permit without approval of the MassDEP. The
procedure for MassDEP approval for any use of the Disposal Area other than as a landfill or as
set forth in the Post -Closure Use Permit is set forth at 310 CMR 19.143. MassDEP approval of
another use is not transferable or assignable unless approved in writing by MassDEP.
Transfer of title in the Property requires the transfer of the Post -Closure Use Permit and
Final Closure Permit in accordance with 310 CMR 19.044.
Page 2 of 3
Bk:54781 Pg:153
Disposal Area
Record Notice of Landfill Operations,
M.G.L. c. 111. Section 150A, 310 CMR 19.141
By; Bare Cove investors LLC,
a Delaware limited liability company, its member
By:
On this 6I( day of , 2021, before me, the
undersigned notary public personally appeared IAic A C. .t tZt3y who is known to me, to
be the person whose name is signed above, and acknowledged to me that he/she signed it
voluntarily for its stated purpose.
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Page 3 of 3
Amy von Hone
From: Steve Modrak <facilities@dreamdayoncapecod.org>
Sent: Monday, February 20, 2023 11:17 AM
To: Amy von Hone
Subject: Re: FW: WQRC Certificate - Dream Day Cape Cod
It is for the baseball field. our only patch of grass unfortunately
On Fri, Feb 17, 2023 at 3:41 PM Amy von Hone <avonhone@brewster-ma.gov> wrote:
Thanks Steve. I assume the fertilizer is for the ball field?
Appreciate your help and will advise if there are additional questions.
Amy L. von Hone, R.S., C.H.O.
Brewster Health Director
(0) 508.896.3701 X1120
(F) 508.896.4538
From: Steve Modrak <facilities@dreamdayoncapecod.org>
Sent: Friday, February 17, 2023 12:08 PM
To: Amy von Hone <avonhone@brewster-ma.gov>
Subject: Re: FW: WQRC Certificate - Dream Day Cape Cod
Hi Amy
we use 1 1/2 bags (approximately 201bs) of 13-13-13 fertilizer in the spring around memorial day and 1 1/2 bags of 10-
10-10 in the fall, no change of use from last cert.
And there have been no change of use or upgrades to our wastewater system since last certification.
Steve
1